OMG’S OFFERINGS ARE NOT INTENDED OR DIRECTED TO CHILDREN YOUNGER THAN 13 YEARS OLD. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE PROHIBITED FROM USING OR ACCESSING ANY OFFERING, EVEN IF YOUR LEGAL GUARDIAN APPROVES OTHERWISE.
1.11 To use the Offerings, you must be at least 16 years old, unless the law of your jurisdiction requires you must be older than 16 for OMG to lawfully provide the Offerings to you, then you must be the older age as required by the laws of your jurisdiction. We reserve the right amend or eliminate these eligibility requirements at any time. If we discover that you do not meet these eligibility requirements, we reserve the right to terminate your use of the Offerings without notice to you.
1.2.2 You may be required to select a password for your Account or other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else knowingly access your Account or do anything else that might jeopardize the security of your Account. You shall not sell, rent or give away your Account.
Use of the Offerings is void where prohibited. OMG reserves the right to limit, in its sole discretion, the provision and quantity of all or certain Offerings to any person or geographic area.
Using the Offerings may require you to download OMG software (including upgrades) to your computer, phone, tablet or other device. OMG makes no warranty that the Offerings can be accessed on all or certain personal computers, games consoles, smartphones, tablets or other devices, by means of any specific internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you may incur to use the Offerings such as internet and cellular data charges.
If these Terms of Service are translated into any language other than English, then in all events and for all purposes, the English language version shall govern and control.
OMG reserves the right, at its discretion, to change, modify, amend, add or remove portions of its Terms of Service. If OMG does so, then the “last updated” date will be stated at the top of this Terms of Service. You will be deemed to have accepted such changes by continuing to use any Offerings. If at any point you do not agree to any portion of the then-current version of OMG’s Terms of Service, then your license to use the Offerings shall immediately terminate, and you must immediately stop using the Offerings.
Any use of the Offerings in violation of the limitations set forth below in this Section 2.2 is prohibited, may result in the immediate suspension or termination of your limited license described in these Terms of Service and may subject you to civil or criminal liability or violations of law. You agree that you will not, under any circumstances:
2.2.2 Reproduce, create derivative works from, distribute, frame or “mirror” the Offerings.
2.2.3 Remove or modify any copyright, trademark or other proprietary notices that have been placed in the Offerings.
2.2.4 Engage in any act that OMG deems to be in conflict with the spirit or intent of the Offerings or make improper use of OMG's support services, if any.
2.2.5 Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any third-party software designed to modify or interfere with the Offerings. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Offerings to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Offerings.
2.2.6 Institute, assist or become involved in any type of attack, including without limitation, distribution of a virus, trojan horse, corrupted data, bot keystroke logger, worm, time bomb, cancelbot or denial of service attacks upon the Offerings.
2.2.7 Disrupt, overburden or aid or assist in the disruption or overburdening of any computer or server (“Server(s)”) used to offer or support the Offerings.
2.2.8 Attempt to gain unauthorized access to the Offerings, Accounts, Servers or networks connected to the Offerings.
2.2.9 Use the Offerings to post, act in a manner that is, or otherwise communicate any information that is: (i) abusive, threatening, obscene, hateful, toxic, bullying, defamatory or libelous; (ii) racially, sexually, religiously or otherwise objectionable or offensive; or (iii) possible to bring OMG into disrepute.
2.2.10 Select an Account name or other username that incorrectly indicates an association with OMG or trademarks held by third-parties, impersonates another person or entity, or that is offensive, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically or otherwise objectionable.
2.2.11 Attempt to, or harass, abuse, “troll,” or harm, or advocate or incite harassment, abuse, “troll,” or harm of another person or entity.
2.2.12 Make available through the Offerings any material or information that infringes any copyright, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person.
2.2.13 Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Offerings.
2.2.14 Paying for Offerings, Virtual Money or Virtual Goods (as defined below) via stolen or unauthorized payment sources.
2.2.15 Solicit or attempt to solicit Login Information or any personal information from other users of the Offerings.
2.2.16 Post anyone's private or personally identifiable information.
2.2.17 Use any Offerings for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly).
OMG reserves the right to determine what conduct it considers to be in violation of the rules set forth in Section 2.2, or otherwise outside the intent or spirit of these Terms of Service or the Offerings itself. OMG reserves the right to take action as a result, which may include suspending or terminating your Account and prohibiting you from using the Offerings in whole or in part.
Without limiting any other remedies or any other Section of these Terms of Service, if OMG reasonably believes that you are in material breach of these Terms of Service (including by repeated minor breaches), then OMG reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account; (ii) suspend and/or terminate your access to the Offerings; (iii) modify and/or remove any Virtual Money or Virtual Goods that may be associated with your Account; and/or (iv) reset and/or modify any game progression or benefits and privileges associated with your Account, such as any level or score you have reached in our Offerings.
OMG reserves the right to terminate any Account that has been continuously inactive for 180 days. In such an event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods associated with that Account and no refund will be offered to you in relation to the same.
OMG reserves the right to stop offering and/or supporting all or part of certain Offerings at any time, at which point your license to use the Offerings or a part thereof will be automatically terminated. In such event, OMG shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued Offerings.
As between OMG and you, OMG owns all right, title and interest in and to the intellectual property that comprises the content, features and functionality of the Offerings, including without limitation: characters, artwork, environments, stories, storylines, designs, themes, mission structures, audio (whether dialogue or musical compositions), computer programming, computer files, algorithms and computer system architecture.
As part of your use of the Offerings, you may be able to create, upload, stream, display or otherwise make available audio, textual or visual materials and content within our Offerings (collectively, “User Content”). By posting or submitting any User Content to or through any Offering, you hereby irrevocably grant to OMG a worldwide, perpetual, irrevocable, royalty-free, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to use, modify, reproduce, display and exploit (i) any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction; and (ii) any information, including personal information, you choose to include in your User Content such as your name or likeness, without any obligation to you. You waive any and all claims that any use by OMG or OMG licensees of your User Content violates any of your rights, including moral rights, privacy rights, intellectual property rights, rights to publicity, proprietary, attribution, or other rights, and rights to any material or ideas contained in your User Content.
OMG assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Offerings for inappropriate User Content. OMG does not, and cannot, pre-screen or monitor all User Content. Your use of the Offerings is at your own risk. By using the Offerings, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with exposure to the User Content of others. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. OMG reserves the right in its sole discretion, and you hereby provide OMG your irrevocable consent, to review, monitor, record, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time OMG chooses, in its sole discretion, to monitor the Offerings, OMG nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. OMG has the right, but not the obligation, in OMG’s sole discretion to edit, refuse to post or remove any User Content.
4.3.1 Public Discourse
The Offerings may include various forums, blogs and chat features where you can post User Content. OMG cannot guarantee that other members or users of the Offerings will not use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, then do not disclose it to OMG or post it by and through the Offerings.
4.3.2 You are Responsible for Your Content
You are solely responsible for the information that you post on, through or in connection with the Offerings and that you provide to others. OMG may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of OMG violates these Terms of Service.
You are solely responsible for your interactions with other users of the Offerings. OMG reserves the right, but has no obligation, to become involved in any way in disputes between you and other users of the Offerings. If you have a dispute with one or more users, you release OMG, its parent, affiliated and subsidiary companies, and its licensors (and each of their respective officers, directors, shareholders, agents, employees, and contractors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In the event that: (i) you send any unsolicited ideas, suggestions, feedback, comments or materials to OMG; or (ii) OMG does invite you to submit any ideas, suggestions, feedback, comments, or materials (collectively, whether solicited or unsolicited, “Submissions”), OMG will not treat the Submissions as confidential or proprietary, and you grant OMG an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Submissions, including any and all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Submissions to others, without any compensation to you. You also give up any claim that any use by OMG or our licensees of your Submissions violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas in your Submission.
OMG may offer you the opportunity to acquire in-game currency (“Virtual Money”) and in-game items (e.g., skins) (“Virtual Goods”), by acquiring a limited license to Virtual Money and/or Virtual Goods by means of: (i) using real-world currency; (ii) acquiring through game play; (iii) promotions run by OMG; or (iv) other means established by OMG from time to time. Your right to use any Virtual Goods or Virtual Money that you obtain is limited – to be clear, you do NOT own any Virtual Goods or Virtual Money. Instead, you have a limited, non-exclusive, non-assignable, nontransferable, non-sublicensable, revocable license (in OMG’s sole and absolute discretion) to use such Virtual Goods and Virtual Money solely for your personal entertainment and noncommercial use in connection with Offerings. OMG, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, delete, remove, reduce or cancel, Virtual Money and Virtual Goods without any notice or liability to you, including deletion upon termination of your Account. You have no ownership or other property interest in any Virtual Money or Virtual Goods, regardless of how you acquired your limited license to access the Virtual Money or Virtual Goods. Neither Virtual Money nor Virtual Goods have any real-world monetary or exchange value. You cannot redeem them for real-world money or monetary value from OMG or any other person, except as required by law. The existence of a particular Virtual Good or Virtual Money does not mean OMG will maintain or continue to make available such Virtual Good or Virtual Money. Virtual Money and Virtual Goods may not be available in certain territories. You acknowledge and agree, notwithstanding anything to the contrary herein, that you will have no claim, right, title, ownership, or proprietary interest in Virtual Money or Virtual Goods to which you acquire access regardless of any consideration offered or paid in exchange by you, and that OMG will not be liable in any manner for the destruction, impairment, modification, deletion, removal or other damage or loss of any kind caused to the aforementioned, including the deletion of Virtual Money and Virtual Goods upon the termination of your Account.
If you live in the European Union, you have certain rights to withdraw from distant purchases; however, please note that when you purchase a limited license to use Virtual Goods or Virtual Money from OMG, you acknowledge and agree that OMG provides the Virtual Goods or Virtual Money promptly once your purchase is complete; therefore, your right of withdrawal expires at this point. For the purposes of this Section 5.2, a “purchase” is complete at the time OMG (or OMG’s third-party payment processor) servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your Account on OMG’s servers. Thereafter, the purchase is non-refundable and non-exchangeable.
OMG uses a third-party payment provider to process your purchases. When you purchase Virtual Money, Virtual Goods or other Offerings from OMG, you are not directly providing OMG with your payment information such as credit card numbers, pin numbers or other billing-related information; rather, you are providing such information to our third-party payment processing partners. You agree that you will provide accurate and complete payment information to OMG’s third-party payment providers. You are responsible for ensuring that you have authorization to use any chosen payment method, which includes obtaining account holder, parent or guardian approval if applicable. Depending on the platform you use to access an Offering, the purchase of Virtual Money, Virtual Goods or other Offerings may be subject to your platform provider's terms of service and user agreement. Depending on which bank you use, additional charges may be issued by your bank; OMG has no control over this and accepts no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase from OMG. ALL SALES ARE FINAL AND NON-REFUNDABLE EXCEPT AS GOVERNED BY APPLICABLE LAW.
You are responsible for paying all taxes that accrue in connection with your purchases and your use of the Offerings.
OMG expects to update or change Offerings. Such updates or changes may require you to download updates from OMG or other third parties in order to continue using the Offerings. OMG may automatically update the Offerings with or without notice to you, and these Terms of Service will apply to any updates. You are responsible for maintaining minimum system specifications on the devices you use to access the Offerings. Updates may not be available in all territories.
THE OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIUMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OMG DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OMG DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE OFFERINGS AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY OFFERING OR YOUR ACCOUNT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OMG MAY PROVIDE LINKS AND POINTERS TO INTERNET WEBSITES MAINTAINED BY THIRD-PARTY SITES AND MAY, FROM TIME TO TIME, PROVIDE THIRD-PARTY MATERIALS RELATED TO THE OFFERINGS. OMG DOES NOT TAKE RESPONSIBILITY FOR, OPERATE, OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD-PARTY SITES. OMG PROVIDES SUCH LINKS TO THIRD-PARTY SITES ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT CONSTITUTE ENDORSEMENT BY OMG OF SUCH THIRD-PARTY SITES OR ANY ASSOCIATION WITH ITS OPERATORS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
You shall indemnify and hold OMG, its parent, affiliated and subsidiary companies, and its licensors and licensees (and each of their respective officers, directors, shareholders, agents, employees, and contractors) harmless from and against any claim, demand, damages or other losses, including reasonable attorneys' fees, arising out of: (i) your misuse of the Offerings; (ii) your User Content, including OMG’s use, display or other exercise of rights granted herein with respect to your User Content; (iii) your violation of these Terms of Service; (iv) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third party intellectual property rights; or (v) your breach of the representations, warranties and covenants herein. OMG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OMG and you agree to cooperate with OMG’s defense of these claims. You agree not to settle any matter without the prior written consent of OMG. OMG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms of Service are governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws principles.
If you have a Dispute (as defined in below) with OMG, you agree to try for at least 90 days to use good faith efforts to resolve it informally, prior to submission to arbitration. The 90-day timeframe starts when you first notify OMG of your concern(s) in writing, whether it is by email or letter. Please send your concerns via a support ticket or by mail to:
One More Game 300 Lenora Street #508 Seattle, WA 98121
If OMG cannot resolve your concerns informally, then you and OMG agree to binding arbitration as further set out in Section 9.3.
You and OMG agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms of Service. This means that you and OMG agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute. YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
You and OMG agree to submit all Disputes between you and OMG to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and OMG that relates to your use or attempted use of any OMG Offering, including without limitation the validity, enforceability, or scope of these arbitration terms. You and OMG agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. Notwithstanding the foregoing, the meaning of Dispute excludes: (1) the pursuit of enforcement actions through a government agency if the law allows; (2) an action to compel or uphold any prior arbitration decision; (3) OMG’s right to seek injunctive or equitable relief against you under any basis or theory in a court of law; or (4) claims or counterclaims by OMG against you for (A) the creation, distribution or promotion of cheats; or (B) the infringement, misappropriation or disruption (e.g., virus attack) of OMG intellectual property. Your remedy related to any Dispute with OMG shall be limited to the recovery of money damages, if any, and in no event shall you be entitled to seek to enjoin or restrain the development, production, exhibition, distribution, advertising, exploitation, or marketing of any Offering, or any portion thereof. You expressly agree that any damage caused to you by OMG will not be irreparable or otherwise so sufficient as to entitle you to injunctive or equitable relief.
9.5.1 To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy via this support link. OMG will send our copy to your email address and billing address you have provided OMG.
9.5.2 The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience in resolving intellectual property and commercial contract disputes. You and OMG agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Service.
9.5.3 The arbitration will take place in King County, Washington or another location mutually agreed upon in writing by OMG and you.
9.5.4 The arbitrator will resolve the Dispute according to the limitations of this Terms of Service (the “Ruling”). Any Ruling will include a written statement stating the decision of each claim and the basis for the Ruling, including the arbitrator’s essential factual and legal findings and conclusions. The arbitrator may only award remedies that are requested by and particular to you and not prohibited by these Terms of Service (e.g., no injunctive or equitable relief may be awarded to you by the arbitrator). The Ruling will be final and binding upon the parties, and may be confirmed by a federal or state court of competent jurisdiction located in King County, Washington, U.S.A.
9.5.5 You and OMG agree that any dispute, claim or controversy that has been submitted to arbitration, and all related proceedings and filings (including any settlement agreement), shall be kept confidential. However, the prevailing party in any arbitration may file the arbitration Ruling with any court of competent jurisdiction located in King County, Washington, U.S.A., in order to have that Ruling confirmed in a court order or judgment.
To the maximum extent permitted by applicable law, you and OMG agree to only bring Disputes in an individual capacity and shall not: seek to bring, join or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of OMG.
If you believe that any content appearing in the Offerings or the User Content has been copied in a way that constitutes copyright infringement, please forward the information described in this Section 10 to OMG’s designated copyright agent at the following address:
One More Game, Inc. 300 Lenora Street #508 Seattle, Washington U.S.A 98121
Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. Section 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice under this Section 10.
In addition to the foregoing, to submit a copyright infringement notice, you will need to send a written communication that includes the following information:
10.3.1 Your name, address, telephone number, and email address;
10.3.2 A description of the copyrighted work that you claim has been infringed;
10.3.3 The exact URL or a description of where the alleged infringing material is located;
10.3.4 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
10.3.5 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
10.3.6 A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
Capitalized terms shall have the meaning set forth in these Terms of Service.
You agree that no joint venture, partnership, employment, independent contractor or agency relationship exists between you and OMG as a result of these Terms of Service of your use of the Offerings.
OMG may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is also subject to those specific policies besides these Terms of Service.
Sections 3, 4.2, 4.6, 7, 8, 9, and 11 shall survive any termination of this Terms of Service or OMG’s provision of Offerings to you.